Inter Partes Review amid Patent Infringement Litigation: A Brief Review of Apple v. Fintiv

During a time of economic uncertainty, patent infringement lawsuits may increase as patent owners seek to monetize their assets and protect their market share. For the defendant, the time and costs of defending in a patent lawsuit can add to…

Delay of Effective Date for Shorter Period for Trademark Office Action Responses

On October 13, 2022, the USPTO issued a final ruling wherein it delayed effectuation of its rule shortening the period for responding to office actions for trademark registration applications filed under Lanham Act Sections 1 and 44 and for responding…

The Federal Circuit holds that Artificial Intelligence cannot be an Inventor under the Patent Act

Dr. Stephen Thaler filed two patent applications in the United States Patent and Trademark Office (‘USPTO”) directed to inventions generated by an artificial intelligence (“AI”) system that he developed, Device for the Autonomous Bootstrapping of Unified Science (“DABUS”), naming DABUS…

Patentability Risks for Medical Devices in the 510(k) Clearance Process

Given its alluring profitability, the medical device industry is highly competitive. A patent, consequently, is of high value to medical device companies; it protects their market share and helps attract investors. When bringing a medical device to the market, however,…

Force Majeure Clauses and Traditional Doctrinal Defenses to Nonperformance of Contractual Obligations amid COVID-19

Although the freedom of contract provides parties with broad discretion in defining the scope of a force majeure clause, in general, a force majeure clause is a contractual provision that excuses the nonperformance of contractual obligations in circumstances beyond a…

COVID-19 in the Context of Intellectual Property Licenses

COVID-19 can be problematic for intellectual property licensing arrangements, especially with respect to the performance of duties owed under common provisions for royalties and sales requirements. The operational and financial hardships imposed by COVID-19 can make fulfilling these duties immensely…

Copyright Protection for Computer Programs: Copyrightability and A Notable Limitation

Section 102(a) of the Copyright Act provides that copyright protection extends to “original works of authorship” that are “fixed in a tangible medium of expression . . . .” “Works of authorship” include “literary works.” A computer program is a…